Social Security Act 1989

Social Security Act 1986 (c. 50) U.K.

16 In section 9(4) of the 1986 Act (which specifies provisions of the Pensions Act relating to guaranteed minimum pensions which are to be construed as if “widow” included “widower”)—

(a) in paragraph (f), after the words “section 41B(1)(c)” there shall be inserted “ and (i) ”; and

(b) after paragraph (h) there shall be inserted—

“(i) paragraphs 8(b) and 13(6) of Schedule 1A”.

Modifications etc. (not altering text)

C1 The text of Sch. 6 para. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

17 The following section shall be inserted after section 17 of that Act—

“17A Reciprocity with other countries.

“17A (1) Section 143 of the Social Security Act 1975 (Orders in Council providing for reciprocity) shall apply as if any reference to that Act included a reference to this Part of this Act.

(2) An Order in Council made by virtue of subsection (1) above may, in particular, provide for the Secretary of State to make payments for any period beginning on or after 6th April 1987 and may make provision with respect to any matters relating to payments so made.”

Modifications etc. (not altering text)

C2 The text of Sch. 6 para. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

18 In section 87(1) of that Act (provisions which extend to Northern Ireland) in paragraph (a) for the words “section 17(2)” there shall be substituted the words “ section 17(1) and (2) ”.

Modifications etc. (not altering text)

C3 The text of Sch. 6 para. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

19 (1) In Schedule 1 to that Act (appropriate personal pension schemes) in sub-paragraphs (4) and (5) of paragraph 7 (calculation and verification of value of protected rights such as are mentioned in sub-paragraph (2) of that paragraph) the words “such as are mentioned in sub-paragraph (2) above” shall be omitted.

(2) In paragraph (a) of sub-paragraph (4) of that paragraph, after the word “shall” there shall be inserted the words “ in the case of any such protected rights as are mentioned in sub-paragraph (2) above ”.

[F1 (3) If immediately before the passing of the Social Security Act 1990 there is in force in relation to an occupational or personal pension scheme either —

(a) a contracting–out certificate under Part III of the Pensions Act which states that the scheme is contracted–out by virtue of section 32(2A) of that Act, or

(b) an appropriate scheme certificate under Part I of the 1986 Act,

then, to the extent that the rules of the scheme are inconsistent with any provision made by sub–paragraph (1) or (2) above, they shall be overridden by that provision.]

Textual Amendments

F1 Sch. 6 para. 19(3) added (13.7.1990) by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 4 para.15(1)

Modifications etc. (not altering text)

C4 “that Act” refers to the Social Security Act 1986 (c. 50)

20 (1) For paragraph 8 of that Schedule there shall be substituted—

“8 The rules shall provide for effect to be given to the protected rights of a member—

(a) in any case where sub-paragraph (2) of paragraph 9 below so requires, by the purchase of such an annuity as is mentioned in that sub-paragraph, and

(b) in any other case, in such of the ways permitted by that paragraph as the rules may specify,

and they shall not provide for any part of a member’s protected rights to be discharged otherwise than in accordance with that paragraph.”

(2) Sub-paragraph (2) of paragraph 9 of that Schedule (cases in which protected rights may be given effect by purchase of annuity) shall be amended as follows—

(a) at the beginning there shall be inserted the words “ Subject to sub-paragraphs (4) and (6) below ”; and

(b) for the words “effect may be given to protected rights” there shall be substituted the words “ then, except to the extent that effect is given to protected rights in accordance with sub-paragraph (3) below, effect shall be given to those rights ”.

(3) After sub-paragraph (7) of that paragraph (half rate pension or annuity for earner’s widow or widower etc) there shall be inserted—

“(7A) As respects the period of 5 years beginning with the commencement of the pension or annuity referred to in sub-paragraph (7) above, that sub-paragraph shall have effect in relation to that pension or annuity as if the words “at least” were inserted immediately before the words “one-half” in paragraph (b)(i).”

[F2 (4) If immediately before the passing of the Social Security Act 1990 there is in force in relation to an occupational or personal pension scheme either—

(a) a contracting–out certificate under Part III of the Pensions Act which states that the scheme is contracted–out by virtue of section 32(2A) of that Act, or

(b) an appropriate scheme certificate under Part I of the 1986 Act,

then, to the extent that the rules of the scheme are inconsistent with any provision made by sub–paragraphs (1) to (3) above, they shall be overridden by that provision.]

Textual Amendments

F2 Sch. 6 para. 20(4) added (13.7.1990) by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 4 para.15(2)